Agenda item

Report No: DEV/SE/19/021

Planning Application - (i) remodelling part of existing building to provide vehicle storage area and provision of additional office space; (ii) operational changes to the existing building and (iii) installation of fence and gates (part retrospective)

Planning Application - (i) remodelling part of existing building to provide vehicle storage area and provision of additional office space; (ii) operational changes to the existing building and (iii) installation of fence and gates (part retrospective)

This application was referred to the Development Control Committee as the property was in the ownership of St Edmundsbury Borough Council and at the request of Councillor Paula Fox (Ward Member: Haverhill South).

The Senior Planning Officer explained that some of the development had already commenced, thus the application was part retrospective.

Comments had been made on the application by Haverhill Town Council.  Officers were recommending that it be approved, subject to conditions as set out in Paragraph 18 of Report No DEV/SE/19/021.

Members’ attention was drawn to Paragraph 14 of the report which stated “a maximum eight lorries in total could be leaving the site”, the Case Officer clarified that the eight lorries was an average, as opposed to a maximum, as the company actually held an operator’s licence for more than eight vehicles.

Speakers:    Mr Ben Pridgeon (agent) spoke in support of the application

Mr Dean Clerkin (applicant) spoke in support of the application

Councillors Jason Crooks and David Nettleton made reference to the unauthorised works which had been undertaken on the site prior to planning approval, with Councillor Nettleton stating that he would be voting against the application because of, what he considered to be, reputational damage to the Borough Council.

In response to which, the Service Manager (Planning – Development) reminded the Committee that matters relating to the owners of land and tenancy arrangements were not a material planning consideration.  Furthermore, retrospective applications were to be considered on their own merits in the same way in which a non-retrospective application would be, regardless of who owned the application site.

A number of Members raised queries in connection with the application and the Senior Planning Officer responded as follows:

Drainage – The Suffolk County Council Floods and Water Engineer was satisfied with the drainage strategy

Parking – The majority of office staff would be arriving/leaving the site at different times than the heavy goods vehicles, hence, it was not considered necessary to condition their vehicle’s ingress/egress, however, a Transport Management Plan could be secured by way of a condition

Asbestos Removal – the contractor who had undertaken the asbestos removal had carried out all required mediation and the Health & Safety Executive was satisfied

Construction – A Construction Management Plan for the remaining (prospective) works could be secured by way of a condition

Discussion also took place on the operating hours of the business with Members seeking clarification on what was listed under condition 9 within the report (as Saturday was seemingly omitted and the timings conflicted slightly with that which was written in Paragraph 14).

The Chairman permitted the applicant’s agent to again address the meeting, who confirmed that the business would operate 06.00 to 19.00 Monday – Friday (with lorries unlikely to start leaving the site pre 06.30, as per Paragraph 14) and would not be open at any time on Saturdays, Sundays on Bank Holidays. 

However, he asked that this restriction was not applied to the office accommodation as access may be required outside of the specified days/times to the building.  The Case Officer considered this to be a reasonable request and proposed that condition 9 was amended to reflect this.

Councillor David Roach moved that the application be approved, as per the Officer recommendation, and inclusive of the amendments to condition 9 and together with the two additional conditions in relation to a Transport Management Plan and a Construction Management Plan.  This was duly seconded by Councillor Peter Stevens.

Upon being put to the vote and with 12 voting for the motion and with 2 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1. Time limit - The development hereby permitted shall be begun not later than 3 years from the date of this permission
2. Compliance with plans - The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents
3. Materials as detailed - The development hereby permitted shall be constructed entirely of the materials detailed on the submitted plans – application form
4. Parking/manoeuvring to be provided – Within three months of the granting of consent, the area(s) within the site shown on Drawing No. C556/P-06 Rev C for the purposes of [LOADING, UNLOADING,] manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.
5. Gates shall be set back a minimum distance of 5 metres from the edge of the carriageway and shall open only into the site and not over any area of the highway.
6. The Details of the areas to be provided for secure cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety within three months of the granting of consent, and shall be retained thereafter and used for no other purpose.
7. The strategy for the disposal of surface water (dated 4/10/18, ref: SK02 by EAS) shall be implemented as approved in writing by the local planning authority. The strategy shall thereafter be managed and maintained in accordance with the approved strategy.
8. Within three months of the granting of consent, at least 5% of car parking spaces shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or visitor use at locations reasonably accessible from car parking spaces. The Electric Vehicle Charge Points shall be retained thereafter.
9. The opening hours of the premises shall be restricted to the following hours: 

06.00 to 19.00; Monday - Friday

The premises (with the exception of the office accommodation) shall not be open at any other time or on Saturdays, Sundays, Bank or Public Holidays

10.Prior to installation of the boundary fence a scheme for the protection during construction of the trees on the sites south western side, in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these.  The protective measures contained with the scheme shall be implemented prior to the installation of the boundary fence, and shall be maintained and retained until the development is completed.  Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.  If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.

11.Construction Management Plan

12.  Transport Management Plan